Ordinance 007-2005
ORDINANCE NO: 007-2005
A RESOLUTION BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS APPROVING THE REQUEST
BY PBP MARINA INC. TO AMEND THE LAND USE
DISTRICT (ZONING) MAP FROM SP ARSEL Y SETTELED
(SS) TO RECREATIONAL VEHICLE (RV) FOR THE
PROPERTY DESCRIBED AS PART OF GOVERNMET LOT 6,
SECTION 26, TOWNSHIP 67 SOUTH, AND RANGE 26 EAST,
ALSO KNOWN AS 5 GEIGER ROAD, GEIGER KEY, MILE
MARKER 10.7, MONROE COUNTY, FLORIDA.
WHEREAS, the Monroe County Board of County Commissioners, during a regular
meeting held on April 17, 2002, conducted a review and consideration of the request filed by PBP
Marina, Inc. to amend the zoning map from Sparsely Settled Residential District (SS) to
Recreational Vehicle (RV) land use district for the Geiger Key Marina. The subject property is
located at 5 Geiger Road, in Section 26, Township 67 South, and Range 26 East, Monroe County,
Florida. The Real Estate identification nwnber is 00122160.000000; and
WHEREAS, after consideration of the staff report, Planning Commission recommendation
and public testimony at the hearing the Board voted to deny PBP's zoning change request; and
WHEREAS the denial was based on the following: the proposed map amendment does not
meet the requirements outlined in Section 9.5-511 of the LDRs, the zoning change will negatively
impact and alter the character of the surrounding community, and the property is in the existing
adopted AICUZ; and,
WHEREAS, PBP Marina sued the County over the Board of County Commissioners April
17,2002 denial ofPBP's request to change the current zoning designation from SS to RV; and
WHEREAS, the Board of County Commissioners voted to rehear the PBP's application
for a zoning change on January 19, 2005, as a result of a letter from the Commanding Officer of the
Naval Air Station Key West indicating that their concerns were resolved over the zoning change
since PBP has agreed to place certain restrictions on the use and development of the property in
question; and
WHEREAS, a Settlement Agreement was signed between the County and PBP Marina
agreeing to the rehearing of the application on April 20, 2005; the Case (NO: CAK-02-561) will be
held in abeyance until completion of the public hearing on the zoning change request and a decision
on the requested zoning change; and
WHEREAS, the Settlement Agreement simply affords an opportunity for a rehearing and is
not a preswnption of the outcome of the hearing; and
Geiger Key Marina BOCC Approval
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WHEREAS, at its December 6, 2001 meeting in Marathon, the Development Review Committee
reviewed the application and recommended approval of the rezoning as indicated in the Resolution
D27-01; and
WHEREAS, based on the recommendation of the Development Review Committee, the
staff recommended approval of the application to the Planning Commission; and
WHEREAS, the Planning Commission held a public hearing in Marathon on January 9,
2002. Based on the facts presented at the meeting, the Planning Commission recommended denial
of the rezoning as indicated in the Resolution P02-02; and
WHEREAS, after further review of the application and consideration of facts, the staff
recommended denial as indicated in the Staff Report dated March 18,2002; and
WHEREAS, the Board of County Commissioners made the following Findings of Fact:
1. Section 9.5-511(d)(5) b of the Monroe County Land Development Regulations allows the
Board of County Commissioners to consider adopting an ordinance to enact map changes under
six listed conditions.
2. This map amendment recognizes a need for comprehensiveness in planning (Section 9.5-
511(d)(5)b.(v) of the Monroe County Code). The application was initiated by the applicant's
agent in order to rezone the subject property to a land use district that represents the historic use
of the property and corresponds with the Future Land Use Map designation.
3. Pre-1986 zoning of the subject properties was Mobile Home Residential District (RU-5P).
4. During the 1986 Comprehensive Plan process, the land use (zoning) district of the subject
properties was changed to Sparsely Settled Residential District (SS).
5. Section 9.5-209 of the Monroe County Code states that the purpose of the Sparsely Settled
district is to establish areas of low-density residential development where the predominant
character is native or open space land. This designation overlooked the historic use of the
property as a marina and R V park.
6. The Future Land Use Map of the Monroe County Year 2010 Comprehensive shows that areas
around the Geiger Key Marina that were zoned Sparsely Settled Residential District, received a
Future Land Use Map designation of Residential Low (RL), consistent with their land use.
However, the subject property received Mixed Use/Commercial (MC) designation.
7. Based on Policy 101.4.5 of the Year 2010 Comprehensive Plan the principal purpose of the
Mixed Use/Commercial land use category is to provide for the establishment of commercial
zoning districts where various types of commercial retail and office may be permitted at
intensities which are consistent with the community character and the natural environment. This
land use category is also intended to allow for the establishment of mixed-use development
patterns, where appropriate.
Geiger Key Marina BOCC Approval
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Initials
8. The Mixed Use/Commercial (MC) Future Land Use category corresponds with the Recreational
Vehicle (R V) land use district.
9. Section 9.5-215 states that the purpose of the Recreational Vehicle (RV) land use district is to
establish areas suitable for the development of destination resorts or recreational vehicles. This
district contemplates developments that provide on-site recreational, commercial, and resort
facilities.
10. Section 9.5-244 indicates that the Recreational Vehicle (RV) land use district permits
recreational vehicles as-of-right.
11. Section 9.5-511 prohibits any map amendments that would negatively impact community
character.
12. Objective 101.11 states that Momoe County shall ensure that at the time a development permit
is issued, adequate public facilities are available to serve the development at the adopted level of
service standards concurrent with the impacts of such development.
13. The 2001 Public Facilities Capacity Assessment Report and the listed programs on
stormwater and wastewater indicates that there are no significant concerns regarding impacts on
public facilities.
14. Goal 102 of the Momoe County Year 2010 Plan states that Momoe County shall direct future
growth to lands which are intrinsically most suitable for development and shall encourage
conservation and protection of environmentally sensitive lands.
15. The proposed map amendment supports Goal 102 as it proposes no additional density or
intensity on the site. There will be no additional impact on environmentally sensitive lands.
16. The site is located under the flight path of the nearby Boca Chica Naval Air Station. Based on
Section 9.5-260(a)(2)a, privately owned properties adjacent to the Naval Air Station, Boca
Chic a, also known as NAS Key West, shall be developed in accordance with the map prepared
by the U.S. Navy known as Figure A or as updated by the U.S. Navy. This map was prepared in
conjunction with the United States Navy's Air Installation Compatible Use Zone Study
(AICUZ). Geiger Key Marina is within the C2 zone of the adopted map. Based on Section 9.5-
260(a)(2)a3v, the C2 zone represents accident potentials and modest noise from the airplane
flying in and out of the Naval Air Station (NAS). Under the AICUZ C2 zone, Geiger Key
Marina shall not be permitted to be developed or redeveloped for new residential (transient or
permanent), commercial (resort related), institutional (educational, medical related), and
recreational (sports arena, concert hall) uses.
17. Based on a letter from the Commander of the Naval Air Facility in Key West of December 14,
2004, the Navy will withdraw their opposition, as detailed in their letter of December 14, 2001,
to the zoning change, if PBP marina agrees to sign and record a Declaration of Restrictive
Geiger Key Marina BOCC Approval
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Initials
Covenant Regarding Use of Land which would limit the future use of the property, so it would
be compatible with operations of the Naval Air Station Key West.
18. Based on the documented evidences and the Site Plan submitted by the applicant, there are 36
RV spaces on this property as of November 15,2001; and
WHEREAS, the Board of County Commissioners made the following Conclusions of
Law:
1. The proposed map amendment meets the requirements outlined in Section 9.5-511(d)(5)b.(v)
and Section 9.5-215 of the Monroe County Land Development Regulations and will not
negatively impact or alter the character of the subject property or the neighborhood.
2. The proposed map amendment supports Objective 101.11 of the Monroe County Year 2010
Comprehensive Plan based on the findings of the 2001 Public Facilities Capacity Assessment
Report and the listed programs on stormwater and wastewater. There are no significant
concerns regarding impacts on public facilities.
3. The proposed map amendment supports Objective 101.1 of the Monroe County Year 2010 Plan
based on the findings of the 2004 Public Facilities Capacity Assessment Report. There are no
significant concerns regarding impacts on public facilities.
4. There are no additional impacts on environmentally sensitive lands as a result of the proposed
map amendment.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, THAT
Section 1. The Board specifically adopts the findings of fact and conclusions of law stated above.
Section 2. The previously described property which is zoned Sparsely Settled (SS) shall be zoned
Recreational Vehicle District (RV) as shown on the attached map, which is hereby incorporated by
reference and attached as Exhibit 1.
Section 3. If any section, subsection, sentence, clause, item, change or provision of this ordinance
is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. This ordinance shall be filed in the Office of the Secretary of the State of Florida, but
shall not become effective until a notice is issued by the Department of Community Affairs or
Administration Commission approving the ordinance.
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Initials
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at
a regular meeting held on the 20th day of April, A.D., 2005.
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Geiger Key Marina HaeC Approval
Mayor Dixie Spehar Yes
Mayor Pro Tern Charles "Sonny" McCoy Yes
Commissioner Murray E. Nelson Yes
Commissioner George Neugent No
Commissioner David P. Rice Yes
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
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MAYOR/CHAIRPERSON
DIXIE M. SPEHAR
MONROE COUNTY AnOflNEY
AP~~~ TO FORM
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Exhibit 11
stDLEHlll
Proposed Land Use District Map Key: Gager Key
Amendment: Street Map Mile Marker: 10.7:1:
Proposal: CharYJe Larl:l Use District from Sparsely Settled to Reaeational Vehicle
Property description: Boca Chica Part Government Lot 6 in Sec. 26. J Twp. 67 S, Rge, 26 E. Monroe
County, FIoOOa
Land Use District Map #: 540 Map Amendment # 01-
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Exhibit 11
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The Monroe County Land Use Map is proposed to be
amended as indicated above and briefly described as:
amae la1d Use DisIOCt from SoarseIv Settled to ReaeaIiona Vehi:Ie for Boca Chica Part
Government lot 6 i1 See, 26. . TYtP. 01 S. Rae. 26 E. RE # 122170 . Malroe County. Fm:la. at
aooroximate mDe marker 10,7
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Date:
Amendment #:
01-
Sheet #:
540
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FPlX(305)289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET, SUITE 101
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FPlX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FPlX (305) 852-7146
May 3,2005
Mrs. Liz Cloud, Chief
Bureau of Administrative Code & Laws
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Via Certified Mail 70041160000719747619
Dear Mrs, Cloud,
Enclosed please find a certified copy of each of the following:
Ordinance No, 006-2005 approving the request of Bounty Fisheries, Inc" for a Land Use
Designation amendment from Urban Residential Mobile Home Limited (URM-L) to Urban
Residential (DR) for the property known as the Overseas Trailer Park Maloney Subdivision
PBI-55 Section 35, Township 67S, Range 25E, Stock Island, Florida, having real estate number:
00125350,000000 approximate mile marker 5; providing for repeal of all Ordinances inconsistent
herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing
for an effective date.
Ordinance No, 007-2005 approving the request by PBP Marina Inc. to amend the Land
Use District (Zoning) Map from Sparsely Settled (SS) to Recreational Vehicle (RV) for the
property described as part of Government Lot 6, Section 26, Township 67 South, and Range 26
East, also known as Geiger Key Marina and R V Park on Geiger Road at approximately mile
marker 10,7,
These Ordinances were adopted by the Monroe County Board of County Commissioners
at a Regular Meeting held in formal session on April 20, 2005, Please file for record. Should you
have any questions please feel free to contact me at (305) 292-3550,
Monroe County Clerk's Office
Ordinance Nos. 006-2005 & 007-2005
cc: Growth Management
County Attorney
BOCC
Filev'
Danny L. Kolhage
Clerk of the Circuit Court
and ex officio Clerk to the
Board of County Co lSSloners
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Complete items 1, 2, and 3. Also complete
item 4 jf Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the maifpiece,
or on the front if space permits.
1. Article Addressed to:
Mrs. Liz Cloud
Bureau of Administrative Code
The Collins Building
107 W Gaines Street, Suite L43
Tallahassee FL 32399-0250
Ordinances 006 & 007-2005
2,Article Number
(rransfer from service label)
PS Form 3811, February 2004
D. Is delivery address different 10m item 1? 0 Yes
Ite teE~REtr: 0 No
3. Service Type
lIDtertitied Mail
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4. Restricted Delivery? (Extra Fee)
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7004 11bO 0007 1974 7b19
Domestic Return Receipt
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FLORIDA DEPARTMENT OF STATE
Glenda E. Hood
Secretary of State
DIVISION OF LIBRARY AND INFORMA nON SERVICES
May 9,2005
Honorable Danny L. Kolhage
Clerk of Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Pamela G. Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of
your letter dated May 3, 2005 and certified copies of Monroe County Ordinance
Nos. 006-2005 and 007-2005, which were filed in this office on May 5, 2005.
Sincerely,
~~~
Liz Cloud
Program Administrator
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C1STATE LIBRARY OF FLORIDA
R,A, Gray Building. Tallahassee, Florida 32399-0250 . (850) 245-6600
FAX: (850) 488-2746. TOO: (850) 922-4085. http://www.dos.state.t1.us
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